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In the recent case of LiveWest Homes Ltd v Bamber the issue of terminating fixed term AST tenancies came before the Court. This is a High Court judgment, so binding on County Courts. The issue turned on whether ss21(1A) and…

When taking legal action against an individual it is vital that you ensure they have capacity. Where a person lacks capacity there are steps that need to be taken to ensure that they are adequately represented. What are the issues?…

The claim form to be used for an accelerated possession claim has been amended to reflect the legal changes brought in in 2015. The new form can be found here: https://formfinder.hmctsformfinder.justice.gov.uk/n5b-england-eng.pdf Specifically the new form covers whether: The deposit has…

Where there is a possession order in place, and the tenant does not vacate the property, the Landlord’s next step is to seek a warrant for possession either in the County Court where the possession order was made or, following…

Things are about to get a little tougher for those Landlords who choose not to obey the law because the scope of Rent Repayment Orders (RROs) is about to be widened when Part 2 of the Housing and Planning Act…

In October, we reported on the case of Cardiff County Council v Lee (Flowers) [2016]. Subscribers will recall that the case decided that where a landlord wishes to enforce a Suspended Possession Order, they must apply to the court for…

The good news is that they are not being increased, but changes will be coming in for Trials where the listing of the trial is notified to the parties after 6 March 2017. The changes are: The trial fee will…

The Government has updated the Section 8/Notice of Seeking Possession form. The reason for the update is the introduction of mandatory possession ground 7B which concerns evictions due to immigration status (see section 41 of the Immigration Act 2016 for…

The government announced yesterday that it was abandoning its plans to introduce compulsory pay to stay which, it will be remembered, was introduced in the Housing and Planning Act 2016 where Registered Providers had to set a higher rate of…

Cardiff County Council v Lee (Flowers) [2016] http://www.bailii.org/ew/cases/EWCA/Civ/2016/1034.html Usually, we try to give these news flashes witty headings. We didn’t with this one because this is the sort of case that is of such importance to social landlords that we…